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RMATCOM COUNTY COUNCIL AGENDA BILL NO. 93-221
Date Received in Council Office:
Aeenda date
Assiened to:
CLEARANCES
Initial
Date
Originator. Brenner
6/09
6/22/93
Council/Intro
Division Head:
7/6/93
Council/Work Session
Dept. Head:
7/27/93
Council/Hearing
Prosecutor.
Purchasing/Budget:
Executive:
SUBJECT -
Proposed charter amendment to change the County Executive from an elected position to an appointed County
Manager.
ATTACHMENTS:
Ordinance
SUMMARY STATEMENT.• Please complete sections of box as appropriate & explain the item below.
Related County contract #: N/A Should Clerk schedule a ltcarin ? NO YES X Rc ucsted date:
Amn„nt hudveted for this item/project: SN/A Is it or will it be) within budget? YES NO Please explain below
Budget line item number(s):
This proposed charter change will make the County Executive a professional administrative position of County
Manager that would be appointed by a majority vote of the entire County Council, rather than an elected
political position. The proposal would eliminate the provision of an Executive veto; enact a Legislative veto over
actions of the County Manager; and would have all appointments to boards and commissions made by elected
officials, not by a hired administrator. Under the proposal, the County Manager could be removed within 30 days
by a majority vote of the entire County Council, rather than through a recall process as would currently be the
case.
ORIGINATOR'S RECOMMENDED ACTION. -
Pass the ordinance and place it on the ballot for a public vote.
COMMITTEE ACTION TAKEN
COUNCIL ACTION TAKEN:
6/22/93: Introduced
7/6/93: Council work session: amended and forwarded for hearing
7/27/93: Council adopted the ordinance with amendments. 6-0
Related File Numbers: Ordinance or Resolution Number (this item only).Ord 93-044
exe6.ord 07/21/93 SPONSORED BY: Consent
AMENDED 7/27/93 PROPOSED BY: Brenner
INTRODUCTION DATE: 6 /22 /93
1 ORDINANCE NO. 93-044
2 AMENDMENT TO THE CHARTER TO BE SUBMITTED TO THE VOTERS
3 CHANGING THE COUNTY EXECUTIVE TO. AN APPOINTED
4 COUNTY MANAGER
5 WHEREAS, members of the public, the administration, and the County Council
6 have recognized that the structure of county government is presenting problems that
7 hinder the effectiveness of government for the people of Whatcom County; and
8 WHEREAS, the current structure was patterned after the federal model, a
9 structure that inherently tends to foster conflict in governmental operations rather than
10 promoting efficiency and effectiveness; and
11 WHEREAS, the complexity of administering the day-to-day operations of a multi-
12 million dollar organization are best served by insuring that competent and
13 knowledgeable management direct such operations; and
14 WHEREAS, while under the current system a candidate must stand for election,
15 there are no professional requirements to serve as County Executive; and
16 WHEREAS, in the event where a County Executive were to misuse or mishandle
17 the responsibilities of the office, the only method for removal involves a time consuming,
18 costly, and rigorous process of recall; and
19 WHEREAS, under the present system the County Council has little recourse over
20 administrative abuse, although the Council is the only perceived line of defense from
21 mismanagement because of its regular public meetings; and
22 WHEREAS, while the Council has seven members to provide checks and
23 balances against legislative abuse, the Executive has no such checks against
24 administrative mismanagement; and
25 WHEREAS, governments across the country have adopted and long prospered
26 under council/manager forms of government; and
27
28 WHEREAS, the Bellingham Herald, in an editorial last fall, cited its opinion that
29 the current system often leads to conflict and posturing resulting from political ambitions,
30 and that the interests of the citizens would be best served by having an appointed, rather
31 than elected, executive; and
As Revised By Council 716193 and Amended 7127193 Page 1
I WHEREAS, some members of the County Council share the opinion that the
2 interests of the citizens would be best served by having an appointed, rather than
3 elected, executive; and
4 WHEREAS, a proposal has been developed that retains a strong administration,
5 as contemplated by the existing charter, and limits changes only to making the position
6 appointive while eliminating veto authority and responsibility for appointing citizens to
7 boards and commissions;
8 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
9 the issue of amending the charter to provide for an appointed County Manager rather
10 than elected County Executive is a serious and noteworthy issue that deserves
11 consideration by the citizens of Whatcom County, and hereby puts forth the following
12 amendments for adoption by the voters:
13 Section 2.10 - Composition
14 The legislative power of the county not reserved to the people o- `e the r'e"
15 shall be vested in a County Council.
16 Section 2.20 - Powers
17 The County Council shall exercise its legislative power by adoption and enactment
18 of ordinances or resolutions. It shall have the power:
19 (a) To levy taxes, appropriate revenue and adopt budgets for the county.
20 (b) To establish the compensation to be paid to all county officers and employees
21 and to provide for the reimbursement of expenses, except that no council member may
22 receive a salary increase for the term of office during which the ordinance is adopted,
23 nor shall any council member receive a salary in excess of fifteen (15) percent of that of
24 the County Emeetitive 'sagtx.
25 (c) Except as otherwise provided for herein, to establish, abolish, combine and
26 divide by ordinance, non -elective administrative offices and executive departments and to
27 establish their powers and responsibilities.
28 (d) To adopt by ordinance comprehensive plans, including improvement plans for
29 the present and future development of the county.
30 The enumeration of particular legislative powers shall not be construed as limiting
31 the legislative powers of the County Council.
32 Section 2.24 - Relationship with Other Branches
As Revised By Council 716193 and Amended 7127193 Page 2
1 Except in the performance of its legislative functions under this Charter, the
2 County Council, its staff, and individual council members shall not interfere in the
3 administration of the emeeutive rrianager and/or administrative branch or give orders to
4 or direct, either publicly or privately, any officer, or employee subject to the direction
5 and supervision of the County ENeeutive 99' . ger or other elected official.
6 Section 2.30 Ordinances
7 Every legislative act shall be by ordinance.
8 The subject of every ordinance shall be clearly stated in the title, and no
9 ordinance shall contain more than one subject. Ordinances or summaries of them, the
10 places where copies are filed, and the times when they are available for inspection shall
11 be published when the ordinances are proposed and again upon enactment.
12 No ordinance shall be amended unless the new ordinance sets forth each
13 amended section or subsection at full length.
14 Ordinances may, by reference, adopt Washington State statutes, or any
15 recognized, printed codes or compilations, in whole or in part.
16 At least thirteen (13) days shall pass between the introduction and the final
17 passage of every ordinance, except emergency ordinances. Every ordinance shall be
18 introduced in its entirety in writing.
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29 Except as otherwise provided in this Charter, all ordinances shall take effect ten
30 (10) days after the date they are steed-1 y4heCemxy Exeeut ethefw'; enacted or
31 at a later date if stated in the ordinance.
32 Section 2.40 - Emergency Ordinances
33 An ordinance necessary for the immediate preservation of the public peace,
34 health, or safety or support of the county government and its existing institutions may be
As Revised By Council 716193 and Amended 7127193 Page 3
1 passed by a two-thirds vote of the County Council, which shall be effective immediately
2 when appfeved by the Gounty Exeeutive. No emergency ordinances may levy taxes, grant
3 renew or extend a franchise, regulate the rate charged by any utility or authorize the
4 borrowing of money for more than one hundred and twenty (120) days, An emergency
5 ordinance shall be introduced and passed in the manner prescribed for emergency
6 ordinances generally, except that the emergency and the facts creating it shall be stated
7 in a separate section of the emergency ordinance. The provisions of every ordinance,
8 except one making appropriations from an emergency reserve of borrowing money for
9 one hundred twenty (120) days or less, shall expire as of the sixty-first (61st) day
10 following the date on which the ordinance became law.
11 Section 2.50 - Resolutions
12 The County Council shall confirm or reject appointments by the County e
13-Managi x within thirty (30) days of the date the name or names are submitted to it; may
14 pass resolutions to organize and administer the legislative branch; may pass resolutions
15 to make declarations of policy which do not have the force of law and to request
16 information from any other agency of county government. Reseltitiens shall net be
17 Me Council in passing resolutions need
18 not comply with the procedural requirements for the introduction, consideration and
19 adoption of ordinances.
20 Article 3 - The ExeeetiveA+istrafcve Branch
21 Section 3.10 - Composition and Powers
22 The emeetitive administrative branch shall be composed of the County wive
23 Manager, the County Assessor, the County Auditor, the County Treasurer, the Country
24 Sheriff, the officers and employees of administrative offices and executive departments
25 established by this charter or created by the county council and the members of boards
26 and commissions, except boards which have quasi-judicial powers. The emeetifive
27 administrative branch shall have all exee•ive administrative powers of the county under
28 this Charter.
29 Section 3.20 - The County woe Manger
30 The County Ee Manager is the Chief Adniinistratnc Officer of
31 Whatcom County.
32 Section 3.21 - Eleetien, Term of Office and Compensation
33 The County aeeutiye Manager shall be �at�II-elee�-by theYete� 0
.::............. until .
34 f'
35 and ppointed by a majority vote of the. entire County Council, and shall sen.-e
As Revised By Council 716193 and Amended 7127193 Page 4
1 at the 'will of the �ourttjr Council. The County Emee�e M<ai�age � shall receive
2 compensation as determined by the County Council.
3 la" iW' ent removal of the County Manager is deemed Warranted a resvl tion of.
4 removal - shall be adopted by _five affirmative: votes of the entire 'County
5 icouncia°t t 30 days prior to the proposed effective '(late "of removal. The resolution
6 5hall state the reasons for removal and may suspend the County Manager, with pay, until
7 the specified effective date.'1'he County Manager shall have 20 days from the date of
8 adoption of the resolution to file a reply to the resolution, and may request a public
9 hearing. If a public hearing is requested by the County Manager, it shall be scheduled
10 within 30 days of receipt of the request, and the removal shall. be stayed until the public
11 hearing is held and a final vote of removal is approved by a u+rfof-iV five affirmative
12 votes of the entire County Council.
13 Section 3.22 - Powers and Duties
14 nizrChie Executive-�offieC , the r•)„t .Xee ti hall have all the
15
16 this GhafteT, Me County E-xeeutiye Manager shall have the pewef authority to:
17 (a) Supervise all administrative offices and executive departments established by
18 this charter or created by the County Council.
19 (b) Execute and enforce all ordinances and state statutes within the County.
20 (c) Present to the County Council an annual statement of the governmental affairs
21 of the county and any other report which may be deemed necessary.
22 (d) Prepare and present to the County Council budgets and a budget message
23 setting forth proposals for the county during the next fiscal year.
24 (e) Prepare and present to the County Council comprehensive plans including
25 capital improvement plans for the present and future development of the county.
26
27 .
28 (g fAssign duties to administrative offices and executive departments which are
29 not specifically assigned by this Charter or by ordinance.
30 (h ) Sign or cause to be signed, on behalf of the county, all claims, deeds,
31 contracts and other instruments.
32 The specific statement of these particular exeeative- a rniritstrative powers shall
As Revised By Council 716193 and Amended 7127193 Page 5
1 not be construed as limiting the exeeutive administrative powers of the County E-mez ve
2 Mamwer.
3 Section 3.23 - Appointments by County utive Nianager and Confirmation
4 The County Exeeut ve Manager shall appoint the chief officer of each executive
5 and administrative department and office, except all elected offices; and shall appeint the
6 b, of aH boards
7 The appointments by the County Exeeuve - , anager shall be subject to confirmation by
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8 a majority of the County Council. The County Fxeetitive :'Mapage,r may appoint a
9 confidential secretary and administrative assistant without Council confirmation. The
10
11
13 Section 3.25 - Qualifications
14 The chief officers appointed by the County Exeeutive N-Ilanager shall be appointed
15 on the basis of their abilities, qualifications, integrity and prior experience concerning the
16 duties of the office to which they shall be appointed.
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25 Section 3.61 - Clerk of the Superior Court
26 The Clerk of the Superior Court shall be appointed by the County e
27 Manager and confirmed by a majority of the County Council from a list of at least three
28 candidates submitted to them by the Superior Court Judges. Except as provided in this
29 section, the Clerk shall be subject to the personnel, budgeting, purchasing, property
30 control and records management systems as provided in this Charter or bay any
31 ordinance or resolution as the Council may direct.
32 Section 3.62 - County Medical Examiner
33 The County Medical Examiner shall be appointed by the County aeeutiye
As Revised By Council 716193 and Amended 7127193 Page 6
1 Manager: from applicants approved by the Whatcom County Medical Society and the
2 County Sheriff and shall be confirmed by the County Council. the Medical Examiner
3 shall have a M.D. or D.O. degree and be licensed to practice medicine in this state. The
4 Medical Examiner shall perform duties as prescribed by general law or by ordinances or
5 resolutions adopted by the Council and shall receive compensation as determined by the
6 Council. The Council shall declare by ordinance that the responsibility for property of
7 the deceased be delegated to an officer of the court or county other than the Medical
8 Examiner.
9 Section 4.10 - Election Procedures
10 Except as provided in this article, the nominating primaries and elections of the
11 Assessor, Auditor, Treasurer and Sheriff shall be conducted in accordance with general
12 law governing the elections of non -partisan county officers.
13 Nominating primaries and elections of the County Council and Exee • ` shall be
14 conducted in accordance with general law governing the election of non -partisan county
15 officers.
16 Section 4.30 - Conflict of Interest
17 The County Council, Exeetitive N9am-tol r, Assessor, Auditor, sheriff and
18 Prosecuting Attorney shall hold no other office or employment within county
19 government.
20 Section 5.10 - Direct Government
21 The people of Whatcom County reserve to themselves the power to make certain
22 proposals, at their option, and to enact or reject them at the polls, independent of the
23 County Council.
24people.
25 Section 6.10 - Presentation and Adoption of budgets
26 At least seventy-five (75) days prior to the end of each fiscal year, the County
27 Saagt r shall present to the County Council a complete budget and budget
28 message, proposed current expense and capital budget appropriation ordinances, and
29 proposed tax and revenue ordinances necessary to raise sufficient revenues to balance
30 the budget; and at least thirty (30) days prior to the end of the fiscal year, the Council
31 shall adopt appropriation, tax and revenue ordinances for the next fiscal year.
32 Section 6.20 - Budget Information
33 At least one hundred thirty-five (135) days prior to the end of the fiscal year, all
As Revised By Council 716193 and Amended 7127193 Page 7
1 agencies of county government shall submit to the County Exeetitive
2 information necessary to prepare the budget.
3 Section 6.30 - Contents of Budget
4 The budget shall include all funds, revenues and reserves; shall be divided into
5 categories, projects, and objects of expense and shall include supporting data deemed
6 advisable by the County Emeeutive Ma*er or required by ordinance; shall indicate as to
7 each category, project or object of expense the actual expenditures of the preceding fiscal
8 year, the estimated expenditures for the current fiscal year and requested appropriations
9 for the next fiscal year; and shall include the proposed capital improvement program for
10 the next six fiscal years. The expenditures included in the budget for the ensuing fiscal
11 year shall not exceed the estimated revenues.
12 6.41 - Budget Control
13 At the beginning of each quarterly period during the fiscal year, and more often if
14 required, the County Emeetitive shall submit to the County Council a written
15 report showing the relation between the estimated income and expenses and actual
16 income and expenses to date; and if it shall appear that the income is less than
17 anticipated, the Council may reduce appropriations, except amounts required to meet
18 contractual obligations and for debt, interest and other fixed charges, to such a degree as
19 may be necessary to keep expenditures within the cash income.
20 6.60 - Consideration and Adoption of the Budget
21 Prior to the adoption of any appropriation ordinances for the next fiscal year, the
22 County Council shall hold a public hearing to consider the budget presented by the
23 County Emeeetive Manager'and shall hold any other public hearings on the budget or any
24 part thereof that it deems advisable. The Council in considering the appropriation
25 ordinances proposed by the Exeeutive Manager, may delete or add items, may reduce or
26 increase the proposed appropriations and may add provisions restricting the expenditure
27 of certain appropriations; but it shall not change the form of the proposed appropriation
28 ordinance submitted by the Exeetitive Manager. The appropriation ordinances adopted
29 by the County Council shall not exceed the estimated revenues of the county for the next
30 fiscal year for each fund including surpluses and reserves, but the Council may increase
31 the amount of estimated revenues contained in the budget presented by the E-Nee•�e
32 Manager by reestimating the amount by motion passes by a minimum of five (5)
33 affirmative votes or by creating additional sources of revenue which were not included in
34 the proposed tax and revenue ordinances presented by the Manager.
35 6.71 - Contingency Appropriations
36 The annual budget ordinance shall include contingency funds which shall not be
As Revised By Council 716193 and Amended 7127193 Page 8
1 expended unless the County Manager certifies in writing that sufficient funds
2 are available and the County Council adopts an additional appropriation ordinance after
3 being requested to do so by the Emeeative Manager.
:
8 Section 6.90 - Illegal Contracts
9 Except as otherwise provided by ordinance, any contract in excess of an
10 appropriation shall be null and void; and any officer, agent or employee of the county
11 knowingly responsible shall be personally liable to anyone damaged by that action. The
12 County Council when requested to do so by the County Manager may adopt
13 an ordinance permitting the county to enter into contracts requiring the payment of
14 funds from appropriations of subsequent fiscal years, but real property shall not be
15 leased to the county for more than one year, unless it is included in a capital budget
16 appropriation ordinance.
17 Section 7.20 - Exemptions (Personnel System)
18 The provisions of this article shall apply to all county positions except:
19 (a) Contract employees.
20 (b) All volunteer members of boards and commissions appointed by the GeupAy
21
22 (c) All elected county officers, the County Council, the`Coiinty A�anageT, and no
23 more that two other persons in each elected officer's office, who shall be either their first
24 deputy or administrative assistant or confidential secretary, as designated by each officer.
25 (d) Other employees as may become necessary as determined by the County
26 Council.
27 Section 7.30 - Administration
28 The County Manager shall administer the personnel system of the
29 county in accordance with the personnel rules adopted by the County Council by
30 ordinance.
As Revised By Council 716193 and Amended 7127193 Page 9
1 Section 8.23 - Amendments by the County Council
2 The County Council may propose amendments to the Charter by enacting an
3 ordinance to submit a proposed amendment to the voters at the next November general
4 election occurring at least ninety (90) days after enactment. A minimum of five (5)
5 affirmative votes shall be required to enact such an ordinance. An er-dinanee proposing
6
7 Rxe,..�e.
8 Section 9.60 - Information Management
9 The County z-xeeti ire Manager shall establish procedures for maintaining a
10 modern, efficient system for processing, maintaining and disposing of information and
11 records; shall maintain a means to store and maintain, in retrievable manner, all county
12 records which should not be destroyed and which are not necessary for the current
13 operation of county government; and shall provide needed services for all branches of
14 county government in a way that shall be deemed desirable for the efficient operation of
15 the county government.
16 These procedures shall be in compliance with general law and shall affect all
17 departments of the county, elected or appointed.
18 Section 9.70 Boards and C:ornmissions
19 Appointments to all boards and commissions Shall l e'made`by tlie`C646'' Count
20 after �1 l)i►blic application process.The term of office of any board or commission membe
21 shall not be longer than four (4) years. Terms of members of hoards and commissions
22 shall be limited to two (2) corasecutiVC full tertris.
23 BE IT FURTHER ORDAINED, that upon approval by the voters this ordinance
24 shall become effective on January 1, 1996.
25 ADOPTED this 27th day of July , 1993.
26
27 ATTEST:
28 1'
29 Ramona Reeves, Council Clerk
30 APPROVED AS TO FORM:
31
32 Civil Deputy Prosecutor
33
WHATCOM COUNTY COUNCIL
WHATCOM COUNT , WASHINGTON
v
v , Council Chair - WCZ1 7
( ) Approved ( ) Denied
Shirley Van Zanten, Executive
Date:
As Revised By Council 716193 and Amended 7127193 Page 10
WIIATCOM COUNTY COUNCIL AGENDA BILL
NO. 93-220
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assi ed to:
Originator. Henderson/Woods
6/09
6/22/93
Council/Intro
Division Head:
7/6/93
Council/Work Session
Dept. Head:
7/27/93
Council/Hearing
Prosecutor.
Purchasing/Budget:
Executive:
SUBJECT
Proposed charter amendment to directly state the duties of the Auditor and Treasurer
ATTACHMENTS:
Ordinance
IMMMARY.4TATF.MENT.• Please complete sections of box as appropriate & explain the item below.
Relatcd County contract #: N/A Should Clerk schedule a hearing? NO YES X Requested date:
Amount budgeted for this item to'ect: SN A Is it or will it be within budget? YES NO lease explain below
Budget line item numbe s
This proposed charter change will clearly specify the duties of the County Auditor and Treasurer instead of the
current language that merely refers to general state law. The change is proposed to help complete financial
reorganization efforts that began in 1988. The proposed language will clearly establish the Auditor in an internal
auditing function covering all county government, while allowing consolidation and centralization of financial
processing operations. The Treasurer will continue to supervise County funds and tax collections. this proposal
has the support of the County Treasurer, County Auditor, and County Executive.
ORIGINATOR'S RECOMMENDED ACTION.•
Pass the ordinance and place it on the ballot for a public vote.
COMMITTEE ACTION TAKEN: 4 �,ygrc y�'��
c�GHry�O 46
90
COUNCIL ACTION TAKEN.•
6/22/93: Introduced
7/6/93: Council work session: forwarded for hearing
7/27/93: Council adopted the ordinance. 6-0
Related File Numbers: Ordinance or Resolution Number (this item only): Ord 93-043
auditor.ord 02/08/93
SPONSORED BY: Consent
PROPOSED BY: Henderson
INTRODUCTION DATE: June 22, 1993
1 ORDINANCE NO. 93-043
2 AMENDMENT TO THE COUNTY CHARTER
3 TO BE SUBMITTED TO THE PEOPLE
4 REGARDING DUTIES OF THE AUDITOR AND TREASURER
5 WHEREAS, the people of Whatcom County adopted a Home Rule Charter in 1978
6 setting forth the form of government; and
7 WHEREAS, in adopting the charter for Whatcom County the duties of the Auditor
8 and Treasurer were not specifically enumerated and merely referenced state law; and
9 WHEREAS, the powers and duties specified in state law are based on concepts
10 founded in the 19th century and relate to the commissioner form of government that has
11 been replaced by the people of Whatcom County; and
12
13 WHEREAS, the nature of modern management demands changes in approach to
14 better safeguard the interests of the people; and
15 WHEREAS, both outside experts and the informed opinion of professional staff and
16 elected officials have reached the conclusion that changes will result in the more efficient
17 and accountable operation of government; and
18 WHEREAS the County Auditor, County Treasurer, County Executive and County
19 Council agree that the proposed changes are in the best interests of the people;
20 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
21 following amendment of Section 3.52 of the Whatcom County Charter shall be submitted
22 to the voters for approval or rejection at the November 1993 General Election:
23 Section 3.52 Powers and Duties
24 The County Assessor, iter—Treasuf:er and Sheriff created by adoption of this
25 charter shall have the powers and duties of their respective offices as provided by
26 general law: Provided that these offices and those of the torand Treasurer shall
27 be subject to the personnel, budgeting and any other policies set by the County
28 Council.
Page 1
y..
1 `'Ete'Cotznty Audtir shall be the recorder of deeds and other iinstrumerits Which are
2 required by law to be tiled and recorded in the county; shall issue licenses and other
3 records, as specified in county Iaw and as an agent of the state; shall certify and
4 administer all elections within the county and maintain voter rolls and records; shall
5 audit county' financial systems, records, and management procedures for compliance
6 with recognized accounting principles and conformance to federal, state, and county
7 laws, 'policies, and procedures; shall insure the adequacy and standing of county
8 finances through certification of an annuaI financial report; and shall perform other
9 duties as specified by county law.
10 The Cnunv T`reafiucor shall he the c�fticial responsible for tax and assessment billing
11 and receipt of money due the county; shall disburse funds for the county; shall be
12 responsible for banking relationships, cash and debt management, and investment of
13 funds; shall maintain necessary records and submit regular reports, on treasury
14 activities, and shall perform ether duties as specified ley county. Iaw.
15 Be it further ordained that upon adoption by the voters, this amendment shall be effective
16 on January 1, 1994.
17 APPROVED this 27th day of July , 1993.
18
19 ATTEST:
20-
21 Ramona Reeves, Council Clerk
22 APPROVED AS TO FORM:
23 / � ,��
24 Civil Deputy Prosecutor
25
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
�Counc& Chair_ac, h,7
WV'151 c.A^
( ) Approved ( ) Denied
Shirley Van Zanten, Executive
Date:
Page 2
WH.ATCOM COUNTY COUNCIL AGENDA BILL
NO. 93-289
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Originator. Henderson
7/7
7/13/93
Council / Introduction
Division Head:
7/27/93
Finance/Council
Dept. Head:
Prosecutor.
Purchasing/Budget:
Executive:
SUBJECT
Proposed Charter amendment to allow a charter commission to be formed earlier than every 10 years.
ATTACHMENTS:
Ordinance.
SUMMARY STATEMENT. Please complete sections of box as appropriate & explain the item below.
This proposed Charter amendment will allow the County Council to establish a charter commission sooner than
the currently required 10 year interval.
ORIGINATOR'S RECOMMENDED ACTION:
Pass the ordinance and submit it for public vote.
COMMITTEE ACTION TAKEN
COUNCIL ACTION TAKEN:
7/13/93: Introduction
7/27/93: Council adopted the ordinance. 6-0
Related File Numbers: Ordinance or Resolution Number (this item only): Ord 93-045
commiss.ora 05/04/93 SPONSORED BY: Consent
PROPOSED BY: Henderson
INTRODUCTION DATE: 7/13/93
1 ORDINANCE NO. 93-045
2 AMENDMENT TO THE CHARTER TO BE SUBMITTED TO THE VOTERS
3 REVISING THE TIME FRAME FOR CHARTER COMMISSIONS
4 WHEREAS, the County Charter as currently written allows the formation of a
5 charter commission to weigh proposals to amend the charter only every ten years; and
6 WHEREAS, the recent introduction of several charter amendments for
7 consideration by the County Council indicates that a need might develop to allow a
8 charter commission to be formed sooner than the specified ten year period.
9 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
10 the issue of amending the charter to provide for the potential to form a charter
11 commission sooner than every ten years is a serious 'and noteworthy issue that deserves
12 consideration by the citizens of Whatcom County, and hereby puts forth the following
13 amendments for adoption by the voters:
14 Section 8.11 Election and Period of. Office
15 Every At,least every ten (10) years after the adoption of this Charter, the County
16 Council shall cause an election of a Charter Review Commission, hereinafter referred to
17 as the Commission. The Commission shall consist of fifteen (15) persons, an equal
18 number from each Council district. There shall be no filing fee nor shall there be a
19 primary. The member of the Commission who receives the greatest number of votes shall
20 convene the Commission. The term of office shall be one year. The Commission shall
21 meet at such times and in such places as it deems appropriate upon having given public
22 notice.
23 ADOPTED this 27th day of -July-, 1993.
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ATTEST:
Ramona Reeves, Council Clerk
APPROVED AS TO FORM:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Council Chair - a ��� y
() Approved () Denied
Shirley Van Zanten, Executive
Date:
Page 2
WIIATCOM COUNTY COUNCIL AGENDA BILL
NO. 93- 248
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Originator. Council Office
6/18
/93
7/13/93
Council/Intro
Division Head:
-7/27/93
Council - hearing
Dept. Head:
Prosecutor.
D 6
7/Y(13
Purchasing/Budget:
Executive:
SUBJECT
Ordinance amending the Charter to correct scrivener's errors
ATTACHMENTS:
Pages from original and current Charter
Ordinance
SUAIMARY STATEMENT.- Please complete sections of box as appropriate & explain the item below.
Related County contract #: Should Clerk schedule a hearing? NO / YES /xx/ Requested date: 7 27 93
Amount budgeted for this item/project: $ Is it (or will it be) within budget? YES NO Please explain below
Budget line item number(s):
Three scrivener's errors were noted in the Charter. This is a request to have the errors corrected.
ORIGINATOR'S RECOMMENDED ACTION. -
COMMITTEE ACTION TAKEN
COUNCIL ACTION TAKEN:
7/13/93: Introduced
7/27/93: Council adopted the ordinance. 6-0.
Related File Numbers: Ordinance or Resolution Number (this item only): Ord 93-046
scriwor.ord 06/17/93 SPONSORED BY: Consent
PROPOSED BY: Council Office
INTRODUCTION DATE: 7 / 13 /93
1 ORDINANCE NO. 9 ;-046
2 AMENDING THE CHARTER TO CORRECT SCRIVENER'S ERRORS
3 WHEREAS, it was noted that a word was inserted in error, a word was omitted,
4 and a word was not spelled correctly when the Home Rule Charter was updated in 1986;
5 and
6 WHEREAS, the Council wishes to have the wording corrected to reflect the
7 language as adopted.
8 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
9 the Charter be amended as follows:
10 Section 4.30 -- Conflict of Interest
11 The County Council, Executive, Assessor, Auditor, Treasurer,
12 Sheriff, and Prosecuting Attorney be barred from holding any other office
13 or employment within County government. (amended by Referendum
14 1986)
15 Section 5.40 -- Initiative -- Procedures
16
Any, legal voter, or organization of legal voters of Whatcom County may
17
file an initiative proposal with the County Auditor, who within five (5) days,
18
excluding Saturday, Sunday and holidays, shall confer with the petitioner to review
19
the proposal as to form and style. The Auditor shall give the proposed initiative a
20
number, which shall thereafter be the identifying number for the measure. The
21
Auditor shall then transmit a copy of the proposal to the Prosecuting Attorney,
22
who within ten (10) days after receipt thereof, in consultation with the petitioner
23
shall formulate a concise statement, posed as a positive question, not to exceed
24
twenty (20) words, which shall express and give a true and impartial statement of
25
the purpose of the measure. Such concise statement will be the ballot title. The
26
petitioner then has one hundred and twenty (120) days to collect the signatures of
27
the registered voters in the county equal in number to not less than fifteen (15)
28
percent of the votes cast in the county equal in the last general election. Each
29
petition shall contain the full text of the proposed measure, ordinance or
30
amendment to an ordinance and the ballot title. The Auditor shall verify the
31
sufficiency of the signatures on the petition and, if it is validated, submit the
32
proposal to the people at the next general election that is not less than one
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hundred and twenty (120) days after the registering of the petition, unless the
County Council enacts the proposal without change or amendment. If the County
Council does not adopt the proposed measure and adopts a substitute measure
concerning the same subject matter, the substitute proposal shall be placed on the
same ballot with the initiative proposal; and the voters shall be given the choice
of accepting one either or rejecting both and shall then be given the choice of
accepting one and rejecting the other. If a majority of those voting on the first
issue is for accepting either, then the measure receiving the majority of the votes
cast on to M second issue shall be deemed approved. If a majority of those
voting on the first issue is for rejecting both, then neither measure shall be
approved regardless of the vote on the second issue. (amended Referendum
1986)
ADOPTED this 27th day of July , 1993.
14
15 ATTEST:
16
17
18
19
20
21
Ramona Reeves, Council Clerk
APPROVED AS TO FORM:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Council Chair
() Approved () Denied
Shirley Van Zanten, Executive
Date:
Page 2
Y"
Phone (206) 676-6690
(206) 384-1403
SCAN (206) 769-6690
FAX (206) 676-7727
�1�67)�
COUNTY COUNCIL
1000 North Forest Street, Suite 203
Bellingham, Washington 98225
July 30, 1993
MEMORANDUM
TO: Shirley Forslof, County Auditor
FROM: Ramona Reeves, Clerk of the Council
SUBJ: Ordinances Proposing Amendments to the Home Rule Charter
Daniel M. Warner
Robert A Imhof
Margaret M. Laidlaw
Dennis J. Vander Yacht
Kenneth R. Henderson
Larry Harris
Barbara Brenner
The following ordinances proposing amendments to the Home Rule Charter were
unanimously adopted by the six Council Members present on July 27, 1993:
Ordinance 93-043 amending County Charter to be submitted to the people
regarding duties of the Auditor and Treasurer (AB93-220)
Ordinance 93-044 amending the Charter to be submitted to the voters changing
the County Executive to an appointed County Manager (AB93-221)
Ordinance 93-045 amending the Charter to allow a charter commission to
be formed earlier than every 10 years (AB93-289)
Ordinance 93-046 amending the Charter to correct scrivener's errors (AB93-248)
We have been advised by our attorney that only the first three ordinances require an
affirmative vote of the people to become law. The fourth, which corrects small errors in
the existing Charter, does not require a public vote. Certified copies of the first three
ordinances are attached for inclusion on the November ballot. Please let me know if you
require further information from this office. Thank you.
Attachments
c: AB93-220
AB93-221
AB93-289
AB93-248
Code Publishing Company
g:\rr\auditor.727
H�TC
oM co U 4'slo"
2 9 '4U°'rov
19y�
Phone (206)676-6690
(206) 384-1403
SCAN (206) 769-6690
FAX (206) 676-7727
4� e 5 11 A-, " e�
COUNTY COUNCIL
1000 North Forest Street, Suite 203
Bellingham, Washington 98225
July 30, 1993
MEMORANDUM
TO: Shirley Forslof, County Auditor
FROM: Ramona Reeves, Clerk of the Council pv"
SUBJ: Ordinances Proposing Amendments to the Home Rule Charter
Daniel M. Warner
Robert A. Imhof
Margaret M. Laidlaw
Dennis J. Vander Yacht
Kenneth R. Henderson
Larry Harris
Barbara Brenner
The following ordinances proposing amendments to the Home Rule Charter were
unanimously adopted by the six Council Members present on July 27, 1993:
1 Ordinance 93-043 amending County Charter to be submitted to the people
regarding duties of the Auditor and Treasurer (AB93-220)
2 Ordinance 93-044 amending the Charter to be submitted to the voters changing
the County Executive to an appointed County Manager (AB93-221)
Ordinance 93-045 amending the Charter to allow a charter commission to
be formed earlier than every 10 years (AB93-289)
Ordinance 93-046 amending the Charter to correct scrivener's errors (AB93-248)
We have been advised by our attorney that only the first three ordinances require an
affirmative vote of the people to become law. The fourth, which corrects small errors in
the existing Charter, dries not require a public vote. Certified copies of the first three
ordinances are attached for inclusion on the November ballot. Please let me know if you
require further information from this office. Thank you.
Attachments
c: AB93-220 J n�N ti
AB93-221 Ll( 19 aROR
AB93-289 93
AB93-248
Code Publishing Company"'`-_
g.\rr\auditor.727
Whatcom County Prosecuting Attorney
David S. McEachran
Chief C minal Deputy
Mac D. Setter Courthouse 311 Grand Avenue
Criminal Deputies BELLINGHAM, WASHINGTON 98225-4079
David M. Grant (206) 676-6784
Craig D. Chambers
Mary Summers
T. Gregory Greenan
Elizabeth L. Gallery -Fox
David A. Graham
Stephen J. Kozer
Royce S. Buckingham
Anthony S.-Parise
Jo -Ellen Thomas
MEMO
Chief Civil Deputy
Randall J. Watts
Civil Deputies
Karen Nelson Frakes
Daniel L. Gibson
To: ShirleyForslof, Auditor
From: Daniel L. Gibson, Ciu. Dep. Pros. R�yi�3 He: Ballot Titles for Critical Rreas Ord. Referendum and Pro-
posed Charter Amendments
Citizens Referendum No. 92-3
Shall certain portions of Whatcom County Ordinance 92-032 (Temporary
Critical Areas Ordinance) be repealed, as proposed in Referendum Peti-
tion 92-3?
Amendment 1 (Section 3.52)
Shall the Charter be amended to reuise the duties of the County Ruditor
and Treasurer as proposed in Whatcom County Ordinance 93-043?
Rmendment 2 (Sections 2.10, 2.28, 2.24, 2.38, 2.40, 2.50, 3.10,
3.200 3.21, 3.22, 3.239 3.25, 3.26, 3.61, 3.62, 4.10,
4.30, 5.18, 6.10, 6.28, 6.38, 6.41, 6.60, 6.71, 6.73,
6.90, 7.2% 7.30, 8.23, 9.60, 9.70)
Shall the Charter be amended to prouide for a manager appointed by
the County Council instead of an executiue elected by the voters?
Amendment 3 (Section B.11)
Shall the Charter be amended to prouide for the option of forming a
charter reuiew commission more often than euerg ten years?
I
Shall the Charter be amended to specify the duties of the County
Treasurer; and to specify and revise the duties of the County Auditor
to add an internal audit function, and allow transfer of accounting and
reporting operations to the Administrative Services Department?
CLERK'S CERTIFICATE
I, the undersigned, duly chosen, qualified and acting Clerk of the County Council of
Whatcom County, Washington, and keeper of the records of the County Council (hereinafter
referred to as "Council'), DO HEREBY CERTIFY:
1. That the attached ordinance numbered 93-044 (the 'ordinance") is a true and
correct copy of an ordinance of the County, as introduced before the Council on 61221
1993, and finally adopted at a meeting of the Council which took place on July 27, 1993, and
duly recorded in my office.
2. That said meeting was duly convened and took place in all respects in
accordance with law, and to the extent required by law due and proper notice of such
meeting was given; that a legal quorum was present throughout the meeting and a legally
sufficient number of members of the Council voted in the proper manner for the adoption
of the ordinance; that all other requirements and proceedings incident to the proper passage
of the ordinance have been duly fulfilled, carried out and otherwise observed, that the
ordinance has not been repealed, superseded or amended and remains in full force and
effect, and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the County this 30th day of July, 1993.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY WASHINGTON
Ramona Reeves, Clerk of the Council
g:\rr\charter.cer
CLERK'S CERTIFICATE
I, the undersigned, duly chosen, qualified and acting Clerk of the County Council of
Whatcom County, Washington, and keeper of the records of the County Council (hereinafter
referred to as "Council"), DO HEREBY CERTIFY:
1. That the attached ordinance numbered 93-045 (the 'ordinance") is a true and
correct copy of an ordinance of the County, as introduced before the Council on 7 13 9�
1993, and finally adopted at a meeting of the Council which took place on July 27, 1993, and
duly recorded in my office.
2. That said meeting was duly convened and took place in all respects in
accordance with law, and to the extent required by law due and proper notice of such
meeting was given; that a legal quorum was present throughout the meeting and a legally
sufficient number of members of the Council voted in the proper manner for the adoption
of the ordinance; that all other requirements and proceedings incident to the proper passage
of the ordinance have been duly fulfilled, carried out and otherwise observed, that the
ordinance has not been repealed, superseded or amended and remains in full force and
effect, and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the County this 30th day of July, 1993.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY WASHINGTON
X��,
2-
Ramona Reeves, Clerk of the Council
g:\rr\charter.cer
CLERK'S CERTIFICATE
I, the undersigned, duly chosen, qualified and acting Clerk of the County Council of
Whatcom County, Washington, and keeper of the records of the County Council (hereinafter
referred to as "Council'), DO HEREBY CERTIFY:
1. That the attached ordinance numbered 93-043 (the 'ordinance") is a true and
correct copy of an ordinance of the County, as introduced before the Council on 6/22/N
1993, and finally adopted at a meeting of the Council which took place on July 27, 1993, and
duly recorded in my office.
2. That said meeting was duly convened and took place in all respects in
accordance with law, and to the extent required by law due and proper notice of such
meeting was given; that a legal quorum was present throughout the meeting and a legally
sufficient number of members of the Council voted in the proper manner for the adoption
of the ordinance; that all other requirements and proceedings incident to the proper passage
of the ordinance have been duly fulfilled, carried out and otherwise observed, that the
ordinance has not been repealed, superseded or amended and remains in full force and
effect, and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the County this 30th day of July, 1993.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY WASHINGTON
Ramona Reeves, Clerk of the Council
g:\rr\charter.cer